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Joint Business Statements on TPLF
On 21 January 2026, a cross-sector group of business associations issued a joint statement renewing their call for proportionate, harmonised EU-level rules on professional third-party litigation funding (TPLF). The statement highlights the rapid expansion of for-profit litigation funding in Europe, which continues to operate with limited transparency and fragmented oversight, despite the presence of more than 300 funders in the EU. This regulatory gap risks distorting litigation incentives, undermining trust in justice systems and the Single Market, and imposing significant costs on businesses, competitiveness and innovation.
The associations urged the European Commission to prioritise TPLF by launching a Call for Evidence and advancing binding EU-level safeguards. Key priorities should include:
- Be binding on all commercially active for-profit third party funders
- Address the risks of conflicts of interest maliciously-motivated funding transparency about funding sources and inadequate funding reserves
- Fully respect the principles of proportionality and subsidiarity and Member States’ procedural autonomy and
- Focus on professional for-profit funding arrangements where divergent national approaches create legal uncertainty and risks of forum shopping.
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EJF National Contributions to PLD Transposition
Starting 2026 with wishes to our Members, European and National Institutions and Partners a prosperous year from Brussels!
With intensive works across Europe on transposing the EU Product Liability Directive (PLD), EJF
has participated with our submission to the PLD consultation in Sweden – you can find it here.
Take a moment to learn more about Product Liability from the materials available on our EJF website or from the @ECIPE occasional paper on Germany:
The Economic Risks of Transposing the EU Product Liability Directive in Germany
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EJF Contribution to Upcoming Irish Presidency Priorities
EJF contributed to the consultation shaping the priorities and policy programme for Ireland’s Presidency of the Council of the EU in 2026.
Ireland will hold the EU Presidency for the eighth time from July–December 2026, at a pivotal moment for Europe’s competitiveness, economic security and trust in democratic institutions. As highlighted in the 2026 Commission Work Programme under Sustainable Prosperity and Competitiveness, Europe must unlock the full potential of the Single Market by 2028 and strengthen support for SMEs, enterprises, and innovative startups. A key priority identified by the European Justice Forum is the urgent need to reduce regulatory fragmentation related to Third-Party Litigation Funding (TPLF) in the EU.
A harmonised EU approach would:
- Protect industries, consumers, SMEs and startups alike
- Standardize safeguards and increase transparency
- Address the risk of non-EU actors using TPLF to undermine EU economic security
- Strengthen EU competitiveness and protect innovation
Ireland’s 2026 Presidency represents a crucial opportunity to advance a balanced, transparent and fair framework that supports innovation and growth while preserving the integrity of Europe’s legal systems.
To see EJF's Contribution please click here.
To learn more about TPLF visit EJF's Position
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A new chapter begins for EJF, welcome Agata!
Agata Boutanos became CEO of the European Justice Forum with effect of 1st December 2025.
Agata specializes in strategic communication towards the European environment. Over the course of sixteen years she has been involved in determining the impact of policies on business activities and translating the needs of market entities into effective communication campaigns.
Prior to joining the EJF, she has started and led Brussels based offices of Union of Entrepreneurs and Employers and European Enterprise Alliance, as well as built first Public Affairs team in Poland and Europe for Tauron Polska Energia (TPE), to later become the company’s representative in Brussels as Head of International and Government Affairs. Since 2008, Agata has worked with EU institutions and in the private sector and co-designed EU decision making trainings since 2016. Agata held various strategic communication roles in CEC Government Relations, where she led the Energy and Environment practice, served EMEA Region as a Energy Partner of the Polish Economic Congress Foundation at the Employers of Poland, and at Dow Corning as European Government Affairs Associate in Brussels.
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EJF Members’ Meeting in Brussels, 6 November 2025
EJF members met in Brussels on 6 November 2025 for the second Members’ Meeting of the year, kindly hosted by Jones Day.
Opening the meeting, Chair Simon Neill announced an upcoming leadership transition at EJF, with Ekkart Kaske stepping down in January 2026 after eight and a half years as Executive Director. Members warmly thanked him for his commitment and achievements during a period of rapid change for the organisation, including the transposition of RAD and the COVID-19 pandemic.
The presentations began with an overview of EJF’s recent advocacy and policy engagement, focusing on Third-Party Litigation Funding (TPLF), product liability, and forthcoming digital regulation. Looking ahead, the 2026 Commission Work Programme and the upcoming Cypriot Council Presidency are expected to keep competitiveness and simplification high on the EU agenda, creating continued opportunities for EJF engagement.
On this policy basis, members discussed the need for greater coherence in Europe’s civil justice systems. Developing a horizontal framework for civil liability, built around common principles, could help reduce fragmentation and strengthen consistency across legislative initiatives.
The implementation of the Product Liability Directive (PLD) was another key focus. While transposition is advancing, progress remains uneven, with diverging national approaches to non-material damage and disclosure rules.
Members also exchanged views on insights from the recent ECIPE study, supported by EJF, titled “Mass Litigation and the Future of Litigation Funding in Ireland and Europe”. Using Ireland as a case study, the research shows how collective actions and TPLF are expanding across Europe, exposing innovative companies to increased costs and uncertainty. These findings reinforce the need for EU-wide rules on TPLF to ensure transparency, judicial oversight, and proportionality.
Broader updates touched on ongoing files such as the Corporate Sustainability Due Diligence Directive (CS3D), the upcoming Digital Fairness Act, and the reviews of Brussels I (Recast) and GDPR collective redress.
The meeting concluded with a shared commitment to advancing EJF’s work on competitiveness, legal coherence, and balanced reform of Europe’s civil justice systems. Members expressed appreciation for continued cross-sector collaboration and extended warm thanks to Ekkart for his leadership and lasting contribution to EJF’s mission.
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EJF commissions landmark ECIPE study on the Economic Impact of Mass Litigation and Third-Party Funding in Ireland
The European Justice Forum has commissioned a major new study by the Brussels-based think tank ECIPE – the European Centre for International Political Economy – analysing the growing economic and policy implications of mass litigation and third-party litigation funding (TPLF) in Ireland.
The report, published today, ‘Mass Litigation and the Future of Litigation Funding in Ireland and Europe’, provides the first empirical assessment of how large-scale, investor-driven legal actions could affect Ireland’s economy, competitiveness, and innovation. It highlights potential annual costs of between €1.2 and €3.6 billion and calls for clear, proportionate regulation to ensure that access to justice is not distorted into a commercial investment product.
EJF commissioned the report to support an evidence-based dialogue on how collective redress and litigation funding can be managed transparently and fairly - protecting consumers, businesses, and the broader economy alike.
EJF believes that a balanced and transparent civil justice system is essential to Europe’s competitiveness and welcomes the study as an important contribution to that debate.
Access the full report below and read our LinkedIn post here.
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Ensuring coherence between the Product Liability Directive (PLD) and EU digital legislation
As the EU advances its Digital Package initiative to simplify and align digital regulation, EJF released a paper outlining how the Product Liability Directive (PLD) can be better integrated into the EU’s wider digital framework. The objective is to improve legal coherence, reduce administrative duplication, and maintain effective consumer protection.
The revised PLD already functions as a digital law, extending liability to software, AI, and connected services. However, it has evolved separately from other EU digital legislation, creating overlapping obligations and inconsistencies.
EJF has identified key provisions where targeted clarifications and guidance could improve predictability and legal certainty across digital laws:
- Evidence disclosure (Article 9): Link PLD disclosure obligations to existing EU compliance repositories (“provide once, use many times”) to avoid duplication;
- Presumptions of defect and causation (Article 10): Ensure compliance with EU safety and digital regulation can rebut presumptions of defect or causation, providing greater legal certainty for businesses;
- Consistent terminology: Harmonise definitions of “product” and “service” across digital legislation, to avoid litigation risks and enhance consistency;
- Expiry period (Article 17): Clarify the application of the 25-year limitation period to digital products, to maintain proportionality and avoid unintended costs and barriers to innovation;
- Consistent national implementation: Promote coherence across Member States’ interpretation by issuing harmonised interpretative guidance or clarifying recitals through this initiative to prevent fragmentation and forum shopping.
The Digital Fitness Check offers a chance to assess the overall coherence and impact of EU digital legislation. EJF’s recommendations call for integrating the PLD into this process to help the Commission identify overlaps, clarify evidentiary links, and ensure liability rules evolve consistently with other digital acts, creating a more balanced and innovation-friendly framework for consumers and businesses alike.
Access the full paper here.
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European Justice Forum celebrates 20th anniversary at Dublin Members Meeting
On 18 June, EJF held its Members Meeting in Dublin, kindly hosted by one of its members, Experian, bringing together in-person and online participants for a special milestone event marking EJF's 20th anniversary. It was also formally announced that Simon Neill (Johnson & Johnson) would replace Moya Stevenson (SwissRe) as EJF Chair from 1 July. The Members thanked Moya for her leadership and dedication over the past five years.
The agenda addressed key legal and regulatory developments impacting the future of civil justice in Europe. It included an update on the transposition of the Representative Actions Directive (RAD), with a focus on recent developments in Spain and France, followed by a presentation by Prof. Stefaan Voet (KU Leuven) on the broader collective redress landscape in Europe, including developments around the Alternative Dispute Resolution (ADR) Directive and jurisdictional reform under the Brussels I bis Regulation. Moreover, Professor Christopher Hodges (Oxford University) shared insights from the UK Civil Justice Council’s (CJC) report on Third-Party Litigation Funding in the UK, highlighting broad recommendations to improve oversight and access to justice.
During the second part of the meeting, the participants discussed different perspectives and policy solutions to address the risks and opportunities posed by TPLF. Prof. Voet provided an overview of the findings from the recent European Commission’s Mapping Study on TPLF, which highlighted fragmented national approaches and explored three different regulatory options, noting the Commission is adopting a “wait-and-see” approach. From a policy perspective, Herbert Woopen (EJF's Legal Expert) presented concrete solutions to improve competition, transparency and fairness in litigation funding. Justice Maurice Collins and Justice Eileen Roberts, from the Irish Law Reform Commission, offered a national perspective on Ireland’s evolving legal context, including the prohibition on litigation funding, and outlined the Commission’s ongoing reflections on the appropriate policy and regulatory frameworks to address the gap.
The meeting concluded with a presentation by Elizabeth-Anne Larsen and Leonard Böhmer (CMS) on recent updates concerning the implementation of the revised Product Liability Directive (PLD) and the evolving framework around artificial intelligence (AI) regulation in Europe.
The day ended with a dinner, giving participants an opportunity to continue exchanging views and reflections in a more informal setting.
The EJF team thanks all attendees for their active engagement and contributions, which made the event a meaningful celebration of EJF’s 20th anniversary!
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Towards an EU regulatory framework on Third-Party Litigation Funding (TPLF)
As third-party litigation funding (TPLF) rapidly expands across Europe, the European Justice Forum has released a new policy brief outlining a clear way forward: a harmonised EU regulatory framework to safeguard judicial systems, protect consumers and businesses, and support the EU’s economic resilience and competitiveness.
Building on international best practices and independent research, the paper presents a balanced, four-pillar approach to contribute to the policy debate on how to best regulate TPLF:
- Transparency: Mandatory disclosure of funders, funding sources, and redacted agreements to all parties, with unredacted versions to courts. Funders should be subject to authorisation, registration, and supervision.
- Protection of claimants’ rights: joint liability for adverse costs, minimum capital requirements, no funder control over case strategy or outcomes, and minimum payouts to claimants with caps on funder and intermediary fees.
- Ethical standards: Prohibition of funding arrangements with conflicts of interest, and fiduciary duties requiring funders to act in the best interests of claimants/beneficiaries.
- Harmonized regulatory framework: Consistent application of these rules across all mass litigation and arbitration to prevent circumvention and ensure legal certainty in the EU.
These recommendations reflect growing political momentum, supported by the European Parliament’s 2022 resolution and calls from European industry groups, and are grounded in recent research by ECIPE, the European Law Institute , and EJF itself.
Ultimately, EJF’s brief underscores that responsible regulation can both protect consumers and judicial integrity and preserve Europe’s legal and economic systems. By acting now, the EU can set a global standard for litigation funding that strengthens, rather than compromises, access to justice.
Read the full policy brief below.
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Roundtable Dialogue on Mass Litigation in Europe: Exploring the Role of Third-Party Litigation Funding (TPLF)
On 26 March, BusinessEurope, Cefic and EJF co-hosted a high-level roundtable in Brussels to discuss the growing role of TPLF in Europe’s mass litigation landscape. The event brought together legal experts, EU policymakers, industry leaders, and civil society representatives for an insightful discussion on the risks and opportunities presented by this fast-growing practice.
The discussion was timely. A recent study from the European Centre for International Political Economy (ECIPE) estimates that mass litigation could cost EU businesses up to €84.8 billion in private enforcement expenses. Moreover, the High Level Forum Meeting of the EU Commission’s “Justice for Growth” initiative took place a day later.
While participants acknowledged that TPLF can improve access to justice, especially in cases where individual claims may not be economically viable, they also highlighted significant risks, such as conflicts of interest between funders and claimants or beneficiaries and the general commercialisation of justice.
The discussion revealed a strong consensus that time for action is now. While some stakeholders (particularly Member States and consumer organisations) remain cautious, there was a broad agreement that EU-level regulation is necessary to ensure fair practices and prevent abuse – echoing the findings from the European Commission’s recent mapping study, in which 54% of respondents supported EU-level action.
In particular, the participants of the roundtable called attention to the need for safeguards, such as mandatory transparency on funding arrangements to independent and knowledgeable public bodies for effective control avoiding conflicts of interest, setting a minimum portion of redress awards to be handed to beneficiaries, capital adequacy and oversight mechanisms to ensure funders can fulfil their liabilities.
Overall, the event reaffirmed the need for the EU to take a leading role in this area, aiming at striking a fair balance between enhancing access to justice and protecting Europe’s economic competitiveness.
For further information, access the meeting report below.